Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - In an appeal wife's application for payment of current maintenance dismissed as "not pressed" - In a highly contested matter wife cannot instruct her counsel not to press her claim for maintenance - High Court ought not to have accepted the statement of counsel without verification -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance - Appeal - In the matter arising under a legislation meant for protecting the rights of women, High Court should be slow in granting interim order, interfering with he orders by which maintenance is granted to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 20 -- Domestic violence - Monetary relief as stipulated u/s 20 of Act is different from maintenance which can be in addition to an order of maintenance u/s 125 of Cr.P.C. or any other law - Such monetary relief can be granted to meet the expenses incurred and losses suffered by aggrieved person and child of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20 -- Domestic violence - Maintenance - Income of husband 20/25 thousand p.m and he received 20 to 25 lacs from his mother after her retirement - Nothing on record to prove that wife has sufficient source of income - Nothing on record to prove that husband has given a sum of Rs.4 lacs to wife and..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Merely because in an application u/s 23 of Protection of Women from Domestic Violence Act, 2005, Court in its order assessed monthly income of husband as Rs.8,000/- p.m, there was no impediment in assessing the income of husband afresh particularly when in application u/s 24 of the Act wife had..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife not earning anything - Husband earning to the tune of Rs.30,000/- p.m - Held, merely because husband has been ordered to pay Rs.4,000/- p.m maintenance to his wife and daughter in proceedings under Protection of Women from Domestic Violence Act, wife is not debarred from seeking maintenance pendente..........
Protection of Women From Domestic Violence Act, 2005, Section 12(2) -- Domestic violence - S.12(2) of Act shows that it does not create any additional right in favour of wife regarding maintenance - Maintenance can be fixed by Court under the Act only as per prevalent law and also u/s 20(3) of PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 20(3) -- Domestic violence - Monetary Reliefs - For getting relief of maintenance u/s 20(3) of Act woman has to prove that she was subjected to economic abuse and was deprived of all or any economic and financial resources as defined u/s 3 Explanation (1)(vi) of PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Courts below without considering entire evidence on record granted Rs.10,000 p.m maintenance and Rs.4 lakhs as compensation and also provided one room to wife in matrimonial home - Even domestic incident report was not considered by Magistrate before passing order - Both impugned orders..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d) -- Interim maintenance - Wife not entitled to seek maintenance as she failed to comply with order directing to join her husband in the matrimonial house - Even wife did chose to file an application to seek maintenance either for herself or for her children during pendency of application of conjugal..........
